Protecting the peaceable kingdom, an analysis of the origin of Canada's 1995 firearms legislation

Abstract:

This thesis is a qualitative study rooted in the sociology of law tradition and scholarship. It examines the origin of Canada's newest firearms legislation commonly referred to as the 'Firearms Act'. More specifically, the thesis addresses two distinct, yet related research questions: (1) why did the newly elected government introduce new firearms legislation in November 1994; and, (2) how did the proposed legislation become law? Based on insights of the Structural Marxists and Interactionists, the research questions were informed by utilizing a qualitative methodology and analysis, which drew from publicly available documentary evidence and discourse (e.g., Hansards, newspapers, news releases, etc.), interviews with the bureaucracy, academics and political staff, and simple observation surrounding the law-making process. The Structural Marxist perspective guided the examination of the why question (and sub-questions) and the Interactionists facilitated the how question. The dialectical model of law-making acknowledges the impact of the structure and the necessity for struggle among individuals with disproportionate resources to effect reform. The empirical evidence contained in this research supports the thesis that as part of its election platform, the Liberal government introduced and later passed legislation in reaction to the outrage expressed by individuals, law enforcement, public health, pro-gun control organizations (including victims) and women's groups after the Ecole Polytechnique incident. (Abstract shortened by UMI.)